VidhiSangh

Supreme Court of India · 02/09/2024

SEETHARAMA SHETTY versus MONAPPA SHETTY

[2024] 9 S.C.R. 166 · 2024 INSC 650

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Summary

Interpreting Sections 33 to 39 of the Karnataka Stamp Act, 1957, the Supreme Court held that an agreement of sale reciting delivery of possession attracts ad valorem duty and must be duly stamped before it can be used in evidence. But since the defendant had asked for the document to be impounded and sent to the District Registrar, and the trial court had not yet acted under Section 34, the trial court could not itself impose the mandatory ten-times penalty under Section 34; the District Registrar must fix the duty and a commensurate penalty under Section 39.

Issues

  1. Whether an agreement of sale reciting delivery of possession is a conveyance attracting ad valorem stamp duty under Section 2(d) read with the Schedule of the Karnataka Stamp Act, 1957.
  2. Whether the trial court could impose ten times the deficit duty as penalty under Section 34 when the instrument had been impounded at the defendant's instance and referred to the District Registrar, instead of leaving the penalty to the District Registrar under Section 39.

Provisions considered

Held

Result

Appeals partly allowed; the direction to pay ten times the deficit duty as penalty set aside; the trial court to send the agreement of sale to the District Registrar to determine deficit duty and penalty, and on receipt of the compliance certificate to receive it in evidence without stamp objection; other objections of the respondent left open.

Judgment PDF: Supreme Court of India, [2024] 9 S.C.R. 166.